Terms and Conditions

Please read the following carefully. Your use of the OnTyne.com web site and purchase of services ("WebSite Design" and "Ariba Consultancy") means that you agree to these terms and conditions ("Terms").

Availability

• We try to keep OnTyne.com as up to date as possible but cannot guarantee that particular Product will always be available. If we can't supply a Product you will not be charged for it and we will refund or re-credit your account with the amount debited by us.
• All offers are available while stocks last. If we are unable to supply a Product you have Ordered, we will notify you as soon as we can after receiving your Order. If this happens, you may cancel your Order and we will refund you the money you have paid for it.

Copyright and Trade Marks

• OnTyne.com does not give you any right or interest in any copyright or intellectual property rights in any Product nor the right to copy them.
• The copyright in OnTyne.com and the content of all the software, web site and pages relating to the OnTyne.com web site is owned by, or licensed to OnTyne.com, unless otherwise specified and may not be used, copied or altered without our express consent.
• Copyright extends to the design, look and feel of OnTyne.com, all photographs on it and its marketing materials.
• You may use OnTyne.com for private and personal non-commercial use only - i.e. to view, copy and print portions of OnTyne.com for the sole purpose of placing Orders. The materials on OnTyne.com may not be used for any other purpose.

Shopping with OnTyne.com Design Services & General Info

1. Service Generally.
   
   OnTyne.com Design ("OTD") and the customer ("Customer") hereby agree to the following terms and conditions with respect to the provisions by OTD to the Customer of web design and Ariba consultancy services, which are identified and/or described in the service agreement attached to these terms and conditions.
   
   
   1. The Customer will be provided with the Service according to the Packages chosen by the Customer as detailed on the OTD website. Customer's Designs will be created iteratively through a Design process of Creative Briefing-Basic Mock-ups-Feedback & Evaluation-Revisions, ultimately resulting in a final Design conforming to Customer's Creative Briefing and Feedbacks.
      
      
   2. Creative Briefing and Designs. The Customer is solely responsible for preparing and sending detailed answers to our online design brief. OTD is under no obligation to review a Creative Briefing or further Feedbacks for any purpose, including accuracy, completeness of information, quality or clarity. OTD may decide, in its sole discretion, to deny a Creative Briefing or Feedback.
      
      
   3. When OTD provides a set of Designs to the Customer, the Customer shall review the Response.
      
      If the Customer fails to promptly inform OTD that the provided Designs are not reasonably responsive to the provided Feedback, the Client will be deemed to have accepted the Designs. If the Customer notifies OTD that the Customers consider a Design as not reasonably responsive to the Feedback, the Customer shall provide information regarding amendments or modification to be made to the initial Designs. After providing this feedback, the Customer will be provided subsequent designs that conform to the additional criteria requested by the Customer.
      
      
   4. Revision stages.
      
      Revision stages are in theory unlimited and consist of revisions that incorporate changes requested by the customer in prior feedback. The purpose of each revision stage is to create designs that move forward in a specific direction from a single design composition as chosen by the Customer. However, OTD reserves the right to limit revisions for any customer at any time if they are deemed to be abusing or misusing the OTD service.
      
      
2. Customer orders.
   
   
   1. Payment.
      
      The Customer ordering for any of the available services must pay for the Service in advance, by any of the payment methods provided by OTD. The Customers will be charged for the Package(s) selected. OTD will email client a receipt for the transactions in which the Customer is involved and provide the Customer with all the information necessary to start the design process.
      
      
   2. Refunds.
      
      If Client is not satisfied with the Basic Concepts provided by OTD, Client may request a refund by completing the Refund Request form that will be provided to the Customer upon request. Upon timely receipt of the completed form, OTD will refund the total payment made by Client, less a fifty-pound (£50.00) service and processing fee.  Once the Customer requests additional revisions for any of the initial concepts, the Customer shall forfeit the right to the refund as outlined above. Acceptance of such refund shall constitute the Customer's sole and exclusive remedy with respect to such Basic concepts. Should the Customer receive such refund, Customer acknowledges that it will have no right (express or implied) to use any Basic concept or other work product, content, or media, nor any ownership interest in or to the same.
      
      The refund policy will not take effect:
      
      
   1. If we have received feedback on one or more of the basic concepts.
      
      
   2. If the company we are making the logo for closes, changes their name, or their activity.
      
      
   3. If the project was closed for reason unrelated to our design.
      
      
   4. If we do not hear back from you for more than 1 month.
      
      
   3. Project duration.
      
      The Customer agrees to provide timely responses to OTD after receiving status notifications from OTD. The Customer shall have 15 days to respond to each set of designs sent to the Customer for review. If after 15 days the Customer has failed to respond, OTD will assume the Project complete and the Project shall be deemed to be complete. At such time, OTD will have no further obligation to the Customer.
      
      
   4. Eligibility Requirements.
      
      The Customer must be at least 16 years of age, agree to these Terms and Conditions and the Privacy Policy, and complete the on-line form. By asking graphic design services, you represent and warrant that you meet these eligibility requirements, that the information you include as part of the ordering process is complete and accurate and, if you are ordering services on behalf of an entity, that you are authorized to bind that entity to these Terms and Conditions. OTD may accept or reject your order in its sole discretion.
      
      
   5. Authorization to Use; Permitted Uses.
      
      You may use the Service solely in accordance with these Terms and Conditions and any posted policies and procedures that appear on the OTD's Web Site.
      
      
   6. Prohibited Uses Generally.
      
      The Customer is required to comply with all applicable laws (including, without limitation, any applicable export controls) in connection with his use of the Service. Without limiting the foregoing, you agree not to communicate information or other material that (i) is copyrighted, unless you are the copyright owner; (ii) reveals trade secrets, unless you own them; (iii) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;(iv) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
      
      Although OTD intends to use commercially reasonable efforts to make the service available, OTD makes no representation, warranty or covenant that the Service will be available at all times or at any time. Various circumstances may prevent or delay in the delivery of information or designs. OTD shall not be responsible for any loss, cost, damage or liability that may result.
      
      
3. Ownership; Rights to Use.
   
   
   1. Rights of OTD. The Customer grants OTD and its mother company a royalty-free, perpetual, irrevocable, sublicenseable, exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, the designs provided by OTD, for the full term of any intellectual property rights that may exist in such designs to the extent necessary to provide the Customer with the Service and the designs.
      
      
   2. Rights of the Customer. Subject to the Customer's compliance with the terms and conditions of this Agreement, the Customer shall own the final design provided to the Customer by OTD hereunder. The Customer shall not, however, own any materials, media or other content generated during any revision cycles leading up to the final design, with such right, title and interest expressly reserved to OTD. The customer acknowledges and hereby grants to OTD the right to use Creative and Revision Briefs, as well as individual designs provided to the Customer, for internal and filing purposes, and in order to display and promote the OTD Service. The Customer acknowledges that his rights under this Agreement shall be limited solely to the final design chosen by him and that no trade or service marks in or to such final design is being conveyed under this Agreement. The Customer acknowledges that OTD shall have no obligation or duty to perform trade or service mark searches or inquiries, or the like, in order validate the propriety or legality of the provided compositions.
      
      Accordingly, the Customer is encouraged to perform its own independent searches with regard to the designs provided by OTD. Furthermore, The Customer acknowledges that OTD shall have no responsibility or obligation of any kind to assist the Customer in seeking national or international intellectual property protection (i.e., without limitation, trademark registration) for the designs, nor shall OTD be responsible in otherwise assisting the Customer in any way in the Customer's perfection of the Customer's rights in or to the designs.
      
      
4. Nondisclosure and Privacy.
   
   
   1. Privacy.
      
      OTD intends to use commercially reasonable efforts to follow its privacy policy; as such privacy policy may be changed from time to time at OTD's sole discretion. Notwithstanding the foregoing, OTD cannot and does not assume any responsibility or liability for any information provided by the Customer to OTD which may be disclosed by accident or by third parties' illegal acts.
      
      
5. Disclaimers; Limitations of Liability.
   
   
   1. Disclaimer of Warranties.
      
      THE SERVICE AND THE RESPONSES ARE PROVIDED "AS IS." OTD MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO THE CUSTOMER OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICE, INCLUDING ANY PART THEREOF, OR OTHER CONTENT THAT MAY BE PROVIDED BY OTD.
      
      THE CUSTOMER ACCEPTS THAT THE ELECTRONIC DEVICES AND SOFTWARE USED BY THE CUSTOMER TO REVIEW THE DESIGNS PROVIDED BY ONTYNE.COM DESIGN MAY DISTORT THE COLORS, SHAPES AND EFFECTS USED TO CREATE THE SAMPLES. ALD DISCLAIMS ANY WARRANTY RELATED TO THE ACCURACY OF THE OUTPUT DEVICES USED BY THE CUSTOMER -WHATEVER ITS NATURE- AND KEEP THE RIGHT TO STATE THE SPECIFICATIONS OF A GIVEN DESIGN BY USING STANDARD COLOR, MEASURE AND DESIGN CODES. THE CUSTOMER WILL ACCEPT THOSE SPECIFICATIONS AS THOSE CORRESPONDING TO THE CHOSEN DESIGN.
      
      OTD DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OTD DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL
      
      
      1. WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
         
         
      2. WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS,
         
         
      3. WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, QUALITY OR OMISSIONS IN THE SERVICE,
         
         
      4. WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, AND
         
         
      5. WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY OTD OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANYOF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET THE CUSTOMER'S NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
         
         
   2. Limitation of Remedy.
      
      NEITHER OTD NOR ANY THIRDPARTY SHALL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY REMEDY, LIABILITY, DAMAGES, COSTS, OR LOSSESWHATSOEVER RELATING IN ANY WAY TO THE SERVICE.
      
      
   3. Exclusion of Consequential Damages.
      
      IN NO EVENT SHALL OTD OR ANY THIRD PARTY BE LIABLE TO YOU OR ANYOTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE SERVICE PROVIDED BY OTD, INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT,(INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE DESIGNS PROVIDED BY OTD, EVEN IF OTD OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
      
      
6. Indemnification.
   
   Upon a request by OTD, you agree to defend, indemnify and hold harmless OTD and its employees from all liabilities to, claims of any third party due to or arising out of your violation of any of these Terms and Conditions, and any expenses, including, without limitation, reasonable solicitor fees, incurred in connection therewith.
   
   
7. Termination.
   
   OTD reserves the right, in its sole discretion, to terminate the Service, at any time, with or without notice. In the event of such termination, OTD will work with the Customer to determine the amount of any refund (if any) to be paid to the Customer as a result of such termination. Should the Customer's use of the Service result from the Customer's material breach of the terms and conditions of this Agreement, or any other agreement to which OTD and the Customer are a party, the Customer shall not be entitled to any refund, unless otherwise mutually agreed upon by the parties.
   
   
8. General.
   
   These Terms and Conditions set forth the entire agreement and understanding of the parties with respect to the subject matter hereof and supersede any and all prior oral or written agreements and understandings, and any and all contemporaneous oral agreements and understandings between you and OTD regarding the subject matter of these Terms and Conditions.
   
   If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way. The language of these Terms and Conditions shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favour of either party hereto. The section headings and other headings contained in these Terms shall not affect the meaning or interpretation of these Terms and Conditions. If OTD and the Customer have need for legal recourse to settle any dispute the case will be handled by a court of law having jurisdiction over the OTD's location.